A figurative trademark is a distinctive sign that consists exclusively of an image, symbol, drawing or graphic form and that does not contain text or words.
When confronting two or more figurative marks that appear to be similar and confusing, and to determine the registrability of one of them, the Superintendence of Industry and Commerce uses the following comparison criteria:
- The layout: these are the lines of the drawing or symbol that give shape to the sign.
- The concept: it’s the idea that the drawing or symbol arouses in the mind of the person who observes it.
- Colors: if the requested trademark claims specific colors as part of the graphic component, the combination and arrangement of colors must be considered.
These criteria are essential to determine if two or more figurative marks are differentiable to be registered and coexist in the market. Therefore, it’s important to know the trademark precedents that may be similar to a trademark that is intended to be registered, in order to evaluate the distinctiveness of the signs.
In this case, knowing the trademark precedents and the indicated criteria, our client ALIMENTOS CONCENTRADOS RAZA LTDA., requested and achieved the registration of a figurative trademark even in the face of the opposition filed by the ASOCIACIÓN COLOMBIANA DE PORCICULTORES, since it argued the differences derived from the particular use of colors, layout and the concept of the requested trademark, differentiable from the opposing trademark.
If you want to know if your trademark is distinctive and registrable, do not hesitate to contact us at firstname.lastname@example.org to evaluate the trademark situation of your company and your needs.